The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-06-16
THE CUSTOMS CASE.
Fall Report OF the EVidence-JudE'
ment Reserved.

before j Judge Dayton, d lOPlOFlh case " d
partlv heard, in which J. T. Water
house, n, and Henry Warehouse
trading under the firm name of J. T
We house, were the plaintiffs, and A
y Cieghorn and George Markham de
sndants. It VS. represented that the
defendants had In their possession and
unlawfully de lined from the plaintiff;
three repeating rifles and one case Of
cartridges of the value of $50. Where.
upon the plaintiffs claimed restitution
of said property with $75 damages for
the unlawful detention of the same and
| for costs of suit. Mr.. w. A Kinney ap-
peared for the plaintiffs, and His Excel
lency Antoine Rosa, Attorney General,
for defendants. The evidence was
previously held over at the request of
the Court.
]. Shaw, an employee of plaintiffs, de-
posed to remembering an invoice of goods
received by them per steamship AustI ALA.
Among the goods were three rifles and a
thousand cartridges. They were the prop
erty of the firm and were properly in
voiced, entered in the usual way and the
freight was paid. He went to the Custom
House to make the entry, but did not get
the permit, though it was made out before
he left. In the meantime he instructed
the carter to get the goods, but the latter
reported that he could not get them with
out the permit. Witness afterwards went
to the wharf, where he met Markham and
asked him for the goods. He replied that
he had instructions not to deliver firearms
or ammunition. Witness then asked him
for the other goods, to which he said he
could not have them without a permit.
The large cases, witness presumed, were
afterwardsbrought up, but he understood
the rifles, ETC., did not come up at that
time.
Cross-examined by Mr.. Rosa: Had not
received the permit. The time alluded to
was about 10 a. IN. on Wednesday, June
1st. Markham said his instructions were
not to deliver firearms and there was some
talk about examining cases. Witness did
not know how Markham knew they were
firearms. One case was opened and he
understood the cases contained needles.
He did not know whether the goods were
on the wharf. Did not see why Markham
should say what he did unless he knew.
Witness did not ask him about that par
ticular case. Witness did not know in
what capacity Markham was acting, but
was in the habit of transacting business
with him when there.
w. A. Kinney stated on oath that be- |
tween the hours of II and o'clock on |
Wednesday, the 1st instant, having de- /
manded the delivery of the goods on be-
half of his clients from MIR. Boardman, the |
Deputy Collector, he was informed that |
as they were firearms they could not be |
delivered. There was no intimation that |
they would be delivered shortly. He ac-
cordingly served the papers upon them. |
He was told that the authority for their de- |
tention was an order from the Finance
Department. (Mr. Rosa objected to the |
subject matter of this conversation being !
put in as evidence).
Cross-examined by Mr.. Rosa: In the
presence of defendant, Markham, the |
question came up as to what was the |
meaning of this seizure. Mr.. Boardman
was acting for Mr.. Cleghorn and gave
directions as to what was to be done.
Witness understood that the arms were to
be kept till further orders from the Min
lister of Finance. That was at the time
service was made. subsequently the case
of cartridges was delivered into the hands
of an officer, but the rifles could not be
found at that time. That was between l
and Up. m. Nothing was said as to how
long they intended TO keep them or why
they kept them. The cartridges were de-
IiVered at that time. Had they been told
the goods would be delivered they would
not have brought the suit. But they re-
ceived a perenptory refusal. Markham
was holding the office of Port Surveyor.
Witness was told that the general order
was to search for firearms and to detain
them, whether properly entered or not.
Mr.. Boardman made the statement. Wit
ness did not know where the rifles were at
the time. The goods were properly en-
tered and freight paid.
For tue defense:
Archibald Gilfillan, Customs Officer, re-
membered the arrival of the Australia at
noon on Tuesday, May 31st, but knew
nothing about the goods beyond that they
had to make a more severe search, as 1t
was said the officers were not doing their
duty. They were to hold firearms until
further orders. The cartridges were
landed on Tuesday according to law,
which provides that they must be landed /
before dark. The summons was served on
Wednesday, June 1st, between II and L
o'clock, that is, the next day. The car
tridges were in witness possession, as his
instructions from the Collector were to
hold all firearms until further orders. The
rifles were on board the steamer. The
only goods held back were the case of
cartridges. They were in the habit of /
making searches, but this time they were
told to exempt no one. Witness was car
rying ont his instructions. Had been in |
the service the last two months, and before
that off and on. Goods were sometimes |
detained week in the store wareh Ouse. |
The object in keeping them back was to |
ascertain whether they agreed with the |
entries as to value and contents.
Cross-examined by Mr., Kinney-They |
were searching for anything in general. |